Loading...
Schneider request to vacate part of Kelly Lanelrts ccrY or DUB E ~`~- MEMORANDUM January 9, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition -Portion of Kelly Lane In response to a request from Jason M. Schneider to vacate a portion of Kelly Lane between Manson Road and Pego Court, City Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion of Kelly Lane between Manson Road and Pego Court proposed to be vacated, except for establishing a 10-foot wide utility easement along the frontage, and recommends approval of the request to vacate. It is further recommended that the purchase price be established at $300, plus platting, publication, and filing fees, and that a public hearing be set for February 5, 2007. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THF. CITY OF DuB E MEMORANDUM -~- January 8, 2007 TO: Michael C. Van Milligen, City Mana e FROM: Gus Psihoyos, City Engineer`~Sl~~ SUBJECT: Vacating Petition -Portion of Kelly Lane INTRODUCTION A request has been received from Jason M. Schneider for the vacating of a portion of Kelly Lane between Manson Road and Pego Court. DISCUSSION The attached plat shows the proposed portion of Kelly Lane between Manson Road and Pego Court to be vacated. The abutting property is owned by Jason M. Schneider. Additional right-of-way was purchased in 1996 for the reconstruction of Kelly Lane. The roadway was widened and straightened in the area between Manson Road and Pego Court. The alignment change moved the roadway northeasterly in the area of the proposed vacating. This shift in roadway created excess right- of-way on the southwesterly side of the road. The area to be vacated varies from 5.5 feet wide to 40.7 feet. A 10-foot easement for utilities will be reserved behind the new right-of-way line. The remaining width of the right-of-way through this vacated section will be 50 feet. The property has been valued at $300 for the cost to coordinate and process the vacating, plus $100 for publication and filing fees. The property owner will be responsible for the surveying and platting fees. RECOMMENDATION The City has no plans for the utilization of the portion of Kelly Lane between Manson Road and Pego Court proposed to be vacated, except for establishing a 10-foot wide utility easement along the frontage. I would recommend that the area indicated by Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on February 5, 2007. I would further recommend that the purchase price be established at $300, plus platting, publication, and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be set on the disposal of the property through the adoption of the enclosed resolution. Prepared by Ronald J. Turner, PLS RESOLUTION NO. RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT A AND LOT B OF MINERAL LOT 577 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jason M. Schneider has requested the vacating and disposal of a portion of Kelly Lane between Manson Road and Pego Court; and Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing the vacated portion of Kelly Lane between Manson Road and Pego Court and assigned lot numbers thereto, which hereinafter shall be known and described as Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, to Jason M. Schneider be contingent upon the payment of $300.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this day of , 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 25-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT A AND LOT B OF MINERAL LOT 511 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jason M. Schneider has requested the vacating and disposal of a portion of Kelly Lane between Manson Road and Pego Court; and Whereas, WHKS 8~ Co. has prepared and submitted to the City Council a plat showing the vacated portion of Kelly Lane between Manson Road and Pego Court and assigned lot numbers thereto, which hereinafter shall be known and described as Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, to Jason M. Schneider be contingent upon the payment of $300.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk VACATE OF A PORTION OF KELLY LANE NORTH ,___ -- BETWEEN MANSON & PEGO VICINITY MAP I 1 I ' 1 ~ ,- '~~ GRAPHIC SCALE zao ioo o ioo zoo DRAWING MAV HAVE BEEN REDUCED 1 INCH = 200 FEET ~ , \ ,. 1 i ~~ i 04 \ / •` \ ~, ,'' ~ ,,~ / - \~-- \ / Y ~r ~_ "SCHNEIDER" ~. VACATE AREA \\ ~. ~, ,, ., -- ' ~ :, e, ~~ ~~ ~~ ' ~ / ~. ~~ ~a, r, ~.i,a~lap~n PLAT OF SURVEY LOT A AND LOT B OF MINERAL LOT 511 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA FOR VACATION OF A PORTION OF KELLY LANE RIGHT OF WAY ACQUISITION .,~ s S, ,'96. ~9B~S. NE'LY CORNER f LOT 1-2-2-t-1 AIL Stt /J __. __' / POINT OF ;c• BEGINNING LOT A SCALE IN FEET 1" = 40' 0 20 0.0 BO 2~ .O\ ~0490p0 LL y~ , / r s.2 l G s. S r5~v, ~% J~~ / ti .~~ / y`O? 9, J 2~F spa ^~.4, Woe ' J e~' 0 Js 2x ry0 POINT OF~ ~ ` T \ BEGINNING ~, v,3, LOT B ~J~, 2p ~o ~ s t ,f. L ~~gc~4r Cpy Zc +. / r - J \ vw ~S cv S. ~/ J _ 2 J` ~ F`~, eF J S \ e9\ ~f m C ~a^~ ~, ~. ~ \ c AREA SURVEYED: ~- y.;~;: ~ LOT A OF ML 511 3697 SO FT s ~~~ "' LOT B OF ML 511 3353 SO FT ~~. C~.; ~-y, BASIS OF BEARING ~ '%v~' THE SOUTHWESTERLY LINE OF LOT A OF ML 511 ~~ "a IS ASSUMED TO BEAR 544°46'25"E ~ ~' ~~_~;~. ~~ LEGEND SURVEYED BOUNDARY LINE - FOUND REBAR ~ PLACED T-BAR WITH CAP 9767 p RECORD MEASUREMENT ( ) EASEMENT LINE - - - - Survey Repuested By: Jason M. Schneider WHKS &~0. ~~ ENpINEERS~ pVHxEes ~ VNp suT/ETgis O~ / S~ zE~;~ ~ o °` "~/ J~' 6 \ey - '~ f_. h" i nereoy cerury toot tnis lantl survey,ng Cocument w ~.Np r ontl the relotetl survey work was pertormaC Dy me orsuner~ .. ~. ~G~y, Eirecc personal supervision ontl that I am a tluly licensetl ~~. ~ . nmer me lows pt ue smte m lowp. R 1 Lawrence A. Oyer License Number 61 .~~'* a Date o! Survey: Dec ID, 2006 My license re wal tlate is December J1, 2006. sneers c area Dy tnis sear i ontl z et 2 ,O,o8,20oe Honorable Mayor and City Council 50 West 13`" Street Dubuque,lA 52001-4845 RE: Vacate City Property Dear Mayor and Council Members: ~~~~ ~~~~ This letter is written to inquire about the possibility of purchasing a portion of a city street/alley abutting my property ID#1501101009. I plan to use the vacated property to better facilitate the placement of my home. We have contacted the City Engineering Department and they have indicated a favorable condition for the vacating but may need easements reserved for utilities. We understand that the vacated area would need to be surveyed and platted at our expense and a fee paid for the parcel, plus publication and filing fees. Please call me at 262-689-3298 if you have questions. Thank you for your consideration of this request. Sincerely, Jason `Jake' Schneidg~r /" / /